Monday, April 30, 2007

What is Rehabilitative Alimony?

Here in the 5th Circuit there are only three types of alimony which may be awarded in a divorce case. The first is permanent alimony, which needs no further explanation, and the second is rehabilitative alimony. There is also temporary alimony, which is alimony which is awarded to someone during the pendency of the divorce. Many of my clients have questions about what rehabilitative alimony is and whether or not it applies in their case. Rehabilitative alimony is intended to provide assistance to a spouse while he/she regains the ability for self support which may have been interrupted by marriage. In order to be awarded rehabilitative alimony, one needs to show that you have a rehabilitative plan, and that the marriage affected one's ability to be self-supporting which deems the need for support for a certain period of time to allow for the ability to be self-supporting. Without a rehabilitative plan, a party cannot be awarded rehabilitative alimony. The party seeking the support for retraining has the burden of proof as to the retraining plan, the object of rehabilitation, the cost of the plan, and how the plan is workable to make the party self-supporting.

To read more about how alimony is awarded in Florida, visit our website at:

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